Chapter 5.04


5.04.010    Definitions.

5.04.020    Scope of title.

5.04.030    Severability.

5.04.040    Administration of election.

5.04.050    Election times.

5.04.060    Notice of elections.

5.04.070    Votes required for election to office.

5.04.080    Service area election.

5.04.090    Nonpartisan requirement.

5.04.100    Sale of intoxicating beverages permitted.

5.04.110    Prohibition on use of public moneys to promote passage of ballot propositions.

5.04.120    Election supplies and equipment.

5.04.130    Election expenses.

5.04.140    Preservation of election ballots, papers and materials.

5.04.010 Definitions.

In this title, unless the context otherwise requires:

Borough clerk” means the borough clerk of the borough, any properly authorized assistant or designee.

Borough election” means any election:

1. To fill a borough office;

2. Upon a proposition submitted to the voters under the ordinances of the borough; or

3. That the borough clerk is required by law to administer.

Borough office” means an elective office under the ordinances of the borough.

Day” means a calendar day including Saturday, Sunday and holidays.

Election” includes a regular, special, service area or run-off borough election.

Election official” means the borough clerk and members of all election boards.

Electronic transmission” means delivery by:

1. Facsimile transmission;

2. Transmission through email or a website established by the borough clerk.

Lot” means flip of a coin.

Oath” includes affirmation on penalty of perjury.

Precinct” means the territory within which resident voters may cast votes at one polling place.

Proposition” includes question.

Publication” means a newspaper of general circulation distributed in the borough.

Qualified voter” means any person who has the qualifications required by this title and is not disqualified under Article V of the Alaska State Constitution.

Questioned voter” means a voter whose name does not appear on the register in the precinct where he attempts to vote, a voter who does not bear identification or is not personally known to an election official though his name appears on the precinct register, or a voter who is questioned for good cause at the polls in writing.

Registration” or “registered” refers to the form of registration required by the state election code. For borough elections, a person is registered if registered to vote in state elections in the precinct in which that person seeks to vote 30 days prior to the borough election; for service area elections, has also been a resident of the service area for at least 30 days immediately preceding the election.

Regular election” means a general election to fill borough offices as required by Alaska Statutes.

Signature” includes any mark intended as a signature or subscription.

Special election” means any election held at a time other than when a regular election is held.

Swear” includes “affirm.”

Total votes cast” means the total number of votes cast in each seat for candidates whose names are printed on the ballot plus votes properly cast for the same seat in the write-in position(s) of the ballot. Ballots counted as blank votes or as over votes in a particular race shall not be added into the total votes in determining the percentage of votes cast.

Voter” means any person who presents himself for the purpose of registering to vote or voting, either in person or by absentee application or ballot. (Ord. 2015-48 § 8, 2015; Ord. 2014-30 § 8, 2014; Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.780.)

5.04.020 Scope of title.

This title governs all borough elections. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.010.)

5.04.030 Severability.

Should any provision of this election code or its application to any person or set of circumstances be held invalid, the remainder of its provisions, or of its application to any persons or circumstances, shall not be affected. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.020.)

5.04.040 Administration of election.

A. The assembly shall prescribe the general rules for the conduct of borough elections.

B. The borough clerk, in accordance with the provisions of this title, shall administer all borough elections.

C. The borough clerk shall adopt regulations as necessary to implement this title or to administer borough elections in accordance with this title. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.030.)

5.04.050 Election times.

A. Time of Regular Election. Annually, on the first Tuesday of October, a regular election shall be held in the borough for the election of vacant borough offices, and for the determination of other matters as may be placed on the ballot.

B. Time of Run-off Election. When a run-off election is required by law, the election shall be held on the third Tuesday following the regular election or within two weeks after certification of the results of the regular election. The run-off election shall not be considered a special election within the meaning of AS 29.71.

C. Time of Service Area Elections.

1. Annually, on the third Tuesday of November, an election shall be held for establishing new service areas, annexation to existing service areas, dissolving a service area, or to consolidate or merge two or more service areas.

2. Annually, on the fourth Tuesday of March, an election shall be held for any service area desiring to increase their mill levy for services provided within the boundaries of the service area.

D. Time of Special Elections. The assembly, by motion, resolution, or adoption of an ordinance, may call a special election at any time at least 75 days prior to the date of the election. Unless the assembly has set a date for a required special election, the borough clerk shall call a special election when required by law or ordinance to place an initiative, referendum, recall or other question before the voters. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.040.)

5.04.060 Notice of elections.

A. The borough clerk shall publish a notice of each election at least twice in one or more newspapers of general circulation in the borough. The borough clerk shall also post such a notice in two conspicuous places in each precinct. The first such publication, and the posting in each precinct, shall be accomplished at least 30 days prior to a regular election or at least 20 days before a special election.

B. Each notice of election shall include:

1. The type of election, whether regular, special or run-off;

2. The date of the election;

3. The hours the polls will be open;

4. The offices to which candidates are to be elected;

5. The subjects of propositions to be voted upon;

6. Voter qualifications and instructions for registration;

7. Instructions for application for absentee voting;

8. Precinct polling places.

C. Service Area Elections.

1. The borough clerk shall publish a notice of each service area election at least twice in one or more newspapers of general circulation in the borough, and on the borough website.

2. Each notice of election shall include:

a. The type of election;

b. The date of the election;

c. The polling place location and hours the poll(s) will be open;

d. The subjects of propositions to be voted upon;

e. Voter qualifications as set forth in FNSBC 5.08.010 and instructions for registration; and

f. The notice of election shall state a service area resident may vote in person at the borough clerk’s office or request a ballot by mail or electronic transmission.

D. For run-off elections, the notice of the locations of the precinct polling places may be included or separate from the notice of the election and publication shall be made at least once, no later than five days prior to the run-off election. The notice of election shall be posted at two places within each precinct.

E. Notice of Bonded Indebtedness.

1. Before a general obligation bond issue election, the borough clerk shall publish notice of the borough’s total existing bonded indebtedness at least once a week for three weeks.

2. The notice of the borough’s total existing bonded indebtedness shall state:

a. The current total general obligation bonded indebtedness, including authorized but unsold bonds, of the borough;

b. The cost of the debt service on the current indebtedness; and

c. The total assessed valuation within the borough. (Ord. 2015-48 § 2, 2015; Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.050.)

5.04.070 Votes required for election to office.

A. Election to the office of borough mayor is when a candidate receives the greatest number of votes and over 40 percent of the votes cast for that seat. A run-off election for the office of mayor shall be held between the two candidates receiving the highest number of votes if no candidate receives over 40 percent of the votes cast.

B. The candidate for an assembly or school board seat receiving the greatest number of votes cast for that seat is elected. (Ord. 2016-40 § 29, 2016; Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.060.)

5.04.080 Service area election.

A. If voters reside in the proposed service area, the ordinance shall provide for a service area election to be held at a date established by the assembly. The service area election ballot shall contain a proposition to determine each power to be exercised by the service area.

B. If no voters reside in the proposed service area, the borough may exercise a power in a service area if all owners of real property consent in writing. (Ord. 2015-48 § 9, 2015; Ord. 2001-65 § 6, 2001; Ord. 86-043 § 34, 1986. 2004 Code § 14.01.071.)

5.04.090 Nonpartisan requirement.

All borough elections shall be nonpartisan. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.070.)

5.04.100 Sale of intoxicating beverages permitted.

The sale of intoxicating beverages is not unlawful during elections held within the borough and the provisions of AS 04.16 shall not apply. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.080.)

5.04.110 Prohibition on use of public moneys to promote passage of ballot propositions.

A. The use of public moneys, or facilities, equipment or supplies purchased with public moneys, and services of public employees in kind to promote the passage of ballot propositions including public expenditures, appropriations or bond issues is prohibited.

B. The term “promote” is defined as an attempt to influence, whether affirmatively or negatively, the vote of the people upon ballot propositions or bond issues. The term “promote” does not encompass the following and similar activities:

1. The publication, circulation or mailing of informational items or legal notices pertaining to proposed bond issues or ballot propositions, so long as any such literature distributed to the public or to news media fairly and fully presents information needed by the public to make an informed vote upon any ballot propositions or bond issue;

2. The participation by borough general government or school district personnel in public discussions, or interviews with news media, relating to proposed ballot propositions or bond issues.

C. Borough-owned schools, buildings and other facilities may be utilized for public meetings, discussions, and other assemblies by private groups supporting or opposing any ballot proposition or bond issue. General government and school district employees may arrange for public meetings and assemblies where the advantages and disadvantages of a proposed ballot proposition or bond issue are fairly presented by opponents and proponents of the item.

D. No posters, fliers or other printed material advocating or opposing a ballot proposition or bond issue may be displayed in any borough-owned or controlled building or facility except in a single area of general public access designated by the building supervisor. Both proponents and opponents of the ballot item shall be accorded equal access to the space. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.090.)

5.04.120 Election supplies and equipment.

A. Before the opening of the polls the borough clerk shall furnish to the election board of each precinct the state voter registration list for that precinct and shall equip and supply each polling place with sufficient materials for that precinct’s election, including those materials required by this section.

B. The borough clerk shall prepare instructions explaining to voters how to obtain ballots, how to mark them, and how to obtain new ballots to replace those destroyed or spoiled. These instructions shall be printed on cards in large, clear type and shall be distributed to the election boards to be prominently displayed in each polling place. The borough clerk shall provide booths at each polling place with appropriate supplies and conveniences to enable each voter to mark his ballot screened from observation. Ballot boxes shall be placed outside the voting booths in plain view of the election officials, voters and other persons at the polling place. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.100.)

5.04.130 Election expenses.

A. The borough clerk shall:

1. Pay each election official and canvass board member an hourly rate for time spent at his election duties, including the receiving of instructions and posting of notices;

2. Set the hourly compensation to be paid for time spent by election officials at a rate comparable to that paid by the state for state elections;

3. Shall retain a record for auditing and payment of election expenses, including the cost of giving notice, renting polling places, paying election officials, securing ballot boxes, booths and other election necessities.

B. Service area elections held at the request of a service area and for the primary benefit of the residents of that service area shall be paid for by the service area requesting the election. This does not apply to service area elections held for establishing new service areas, annexation to existing service areas, or dissolving a service area. (Ord. 2015-48 § 3, 2015; Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.110.)

5.04.140 Preservation of election ballots, papers and materials.

The borough clerk shall preserve all precinct election certificates, tallies, and registers, receipts for ballots, all voted ballots and declarations of candidacy filed for 30 days after certification of the election. Certificates of the canvass board are to be preserved as permanent records. (Ord. 2004-45 § 2, 2004. 2004 Code § 2.12.120.)